S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                   453
                       2015-2016 Regular Sessions
                            I N  S E N A T E
                               (PREFILED)
                             January 7, 2015
                               ___________
Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Local Government
AN ACT to amend the real property tax law, in  relation  to  payment  in
  lieu of taxes agreements
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. The real property tax law is amended by adding a new  arti-
cle 3-A to read as follows:
                               ARTICLE 3-A
                   PAYMENT IN LIEU OF TAXES AGREEMENTS
SECTION 370. PAYMENT IN LIEU OF TAXES AGREEMENTS.
  S  370.  PAYMENT  IN  LIEU OF TAXES AGREEMENTS. 1. FOR THE PURPOSES OF
THIS SECTION:
  (A) "LOCAL GOVERNMENT" SHALL MEAN ANY MUNICIPAL CORPORATION AS DEFINED
PURSUANT TO SECTION TWO OF THE  GENERAL  MUNICIPAL  LAW  OR  ANY  SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (B)  "PAYMENT  IN  LIEU OF TAXES AGREEMENT" OR "PILOT AGREEMENT" SHALL
MEAN AN AGREEMENT ENTERED INTO BETWEEN A LOCAL  GOVERNMENT  AND  ANOTHER
PARTY  WHEREBY  SUCH  OTHER  PARTY COMPENSATES SUCH LOCAL GOVERNMENT FOR
SOME OR ALL OF THE TAX REVENUE LOST DUE TO THE  NATURE  OF  THE  USE  OR
OWNERSHIP  OF  A PARCEL OF REAL PROPERTY BY SUCH OTHER PARTY. THE AMOUNT
OF SUCH PAYMENT IN LIEU OF TAXES IS  BASED  ON  AN  ASSESSMENT  OF  SUCH
PARCEL OF REAL PROPERTY.
  2.  IF THE AMOUNT OF ANY PAYMENT IN LIEU OF TAXES IS REDUCED, DUE TO A
REASSESSMENT OF THE PARCEL OF REAL PROPERTY SUCH  AGREEMENT  IS  RELATED
TO,  AND SUCH REDUCTION WOULD NEGATIVELY IMPACT THE TOTAL REVENUE OF ANY
LOCAL GOVERNMENT BY MORE THAN FIVE PERCENT, SUCH REDUCTION  IN  PAYMENTS
IN LIEU OF TAXES SHALL BE PHASED IN OVER A TEN YEAR PERIOD.
  S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02487-01-5